The document discusses sources of construction law in Sri Lanka, including legislation and case law. It outlines several key Acts that govern the construction industry, such as the Apartment Ownership Law Act, and summarizes some important case laws that have helped define legal principles. The legislation aims to regulate the construction sector, protect the environment, and plan urban development. Case laws help interpret these statutes and serve as precedents for resolving similar legal disputes.

1. CONSTRUCTION
LAW
In Sri Lanka

2. Sources of Law
• Legislations
• Case laws

3. Legislations
• Legislation (or "statutory law") is law which has
been promulgated (or "enacted") by a legislature or
other governing body.
• Construction industry legislations are promulgated by
different parties.
• Sri Lankan Parliament
• Urban Development Authority
• Municipal Council
• “Pradeshiya Saba”

4. Legislations
• Some of the common acts that govern the construction
industry in Sri Lanka
• Housing and Town Improvement Ordinance No. 19 of 1915
• Urban Development Authority (UDA) Law No 41 of 1978
• Town and Country Planning Ordinance No. 16 of 1946 Municipal
Council Ordinance and Urban Council Ordinance
• Pradeshiya Sabaha’s Act of 1987 for protection of the environment.

5. Legislations
• Common aims of these legislations
• Protection of environment conservation
• Utilization of natural resources
• Promote planning of economic, social and physical
development and its implementation in the urban areas.
• Disaster management
• Rebuild human settlement and shelters where people are
affected by disasters.

6. Case Laws
• Definition-; Legal principles enunciated and embodied in
judicial decisions that are derived from the application of
particular areas of law to the facts of individual cases.
• Part of common law, consisting of judgments given by
higher
(appellate) courts in interpreting the statutes applicable
in cases brought before them.

7. Case Laws
• Called precedents, they are binding on all courts (within
the same jurisdiction) to be followed as the law in similar
cases.
• Over time, these precedents are recognized, affirmed,
and enforced by the subsequent court decisions, thus
continually expanding the common law.

8. Case laws
• In comparison, statute law is the body of acts enacted by
a legislature, and civil law does not recognize any
precedent. Also called judge-made law.

9. Case law 1
CANAGASINGHAM, Appellant, and URBAN
COUNCIL
• Situation-building an external wall in a plot of bare land
between the appellants house and another building known
as the Mansion Hotel
• Existing law- un authorized alterations of buildings are
prohibited unless they are done according to approved
plans

10. Case Law 1
• . The wall the appellant has constructed has nothing to do
with his building save that it touches it.
• The law does not prohibit the construction, of a wall
across one's land.
• Decision- the accuse was not found guilty at the end.

11. Case Law 2
DE SILVA v. HARMANIS et al.
• Situation- plaintiff (claimant) was entitled to an undivided
half of the land on which the house stood, but that the
house was not built by him. The Court below held that the
plaintiff was not entitled to the house, and dismissed his
claim with costs. He appealed.

12. Case Law 2
• Existing law- A house becomes the property of the
owners of the soil on which it is built.
• Plaintiff did not build the house, and that the house is an
old house. If it be that the plaintiff has right to an
undivided half of it, it does not appear to whom the other
half of the land belongs

13. Case Law 2
• The claim was disallowed, and then he brought this action
under section 247 to have it established that he had right
to the house " by right " of construction about five years
ago."
• plaintiff is entitled to an undivided one-half of the land
described in the plaint, including the house standing
thereon.

14. Case Law 3
SEGO MADAR v. MAKEEN.
• Situation-construction of a new house after demolishing
the old one and in doing so encroached on a small strip
of bare land belonging to the plaintiff. Plaintiff requested
for an injunction to compel the defendant to remove the
building and restore the strip of land.

15. Case Law 3
• Plaintiff claimed, however, an injunction to compel the
defendant to remove the building and restore the strip of
land.
• English Equity and the Roman-Dutch law, is that an
injunction of this sort should not be granted- if the
plaintiff can be compensated in damages.
• Decision- not to initiate the injunction but to compensate
the plaintiff

16. Case 4
• Back ground; owner of a house mortgaged it and
afterwards sold it to the defendant subject to the
mortgage. The mortgagee sued on the mortgage bond and
obtained judgment; and under a writ issued in execution
of the judgment, the house was sold and bought by the
plaintiffs on February .

17. Case 4
• .Existing law; If the rate is not paid, a warrant is, by
section 149, to issue to levy it by seizure and sale of all
the movable and immovable property of " the
proprietor " of the premises and of all movable
property to whomsoever belonging which is found
on the premises.
• Decision- that the plaintiffs can recover the rate for the
second quarter from the defendant.

18. Act 1
APARTMENT OWNERSHIP LAW ACT
• Original act-1973
• Amendments
• Act No. 45 of 1982,
• Act No. 4 of 1999
• Act No. 39 of 3003

19. Act 1
• Background-; According to the Common Law of Sri
Lanka, a building constructed on a land would be the
property of the owner of the land
• With the population increase and the limitations of
resources the apartment concept or multi storied houses
came up as a result of urbanization.

20. Act 1
• Defines three types of properties property
• A “Condominium Property” is any building erected on
alienated land held as one land parcel and capable of being
subdivided into parcels.
• A “Provisional Condominium Property” is any building
erected on alienated land held as one land parcel and
capable of being subdivided into parcels.
• A “Semi Condominium Property” is any building on
alienated land held as one land parcel, on which there are
more than one completed condominium parcels fit for
human habitation.

21. Act 1
• Result-This act finally resulted in enabling the division of
ownership of different buildings parts in the same land to
different people deviating from the original law which
stated that the land lord of any land was given the
ownership of the building properties which it held too.

22. Act 2
Regional Infrastructure Development Levy
Act, No 51 of 2006
An act to provide for the imposition of a levy to be called
the regional infrastructure development
Provisions of this Act shall for all purposes be deemed to
have come into operation on November 17, 2006.
Customs shall transmit to the Consolidated Fund, all
sums recovered by the general director..
Respective relevant authorities are indemnified from any
action, civil or criminal.

23. Act 3
Coast Conservation Act
Established to fulfil the necessity of coastal resources
management.
Decreed the appointment of a director of coast conservation
with,
• Administration and implementation of the provisions,
• Formulation and execution of schemes of the work for coast
conservation within the Coastal Zone,
• Conduct of research, in collaboration with other Departments,
Agencies and Institutions for the purpose of coast conservation.

24. Act 3
Prepared a coastal zone management plan and aimed to
• Identify coastal problems
• Indicate why these problems are important
• Present management program to address these problems
• Identify what should be done to reduce the scope and
magnitude of the coastal problems
• Identify research activities.

25. Act 4
• two hundred thousand rupees accruing for, or arising in, any
year of assessment ending prior to April 1, 2011
• five hundred thousand rupees accruing for, or arising in, any
year of assessment commencing on or after April 1, 2011, to
any individual
Regulation of the Insurance Industry Act, No. 43 of 2000

26. Act 4
• Exemption from income tax of the profits and income of any
undertaking for fishing. Insertion of new sections 16A, 16B
and 16C in the principal enactment
• exemption granted under subsection shall be applicable to that
undertaking, on the profits and income computed on the basis
of such deemed sale.